21 NCAC 14D .0104         PETITION TO REOPEN

(a)  If a hearing is conducted and a decision is reached in the absence of a party, the party may petition the Board to reopen the case. Petitions will not be granted except when the petitioners show that the reason for failure to appear was unavoidable and that fairness and justice require reopening the case.

(b)  All petitions to reopen the case shall be in writing and addressed to the chairman of the Board at their address, and shall contain the following information:

(1)           the name and address of the petitioner,

(2)           a full identification of the hearing which the petitioner is seeking to reopen, and

(3)           a detailed explanation of the reasons for the petitioner's desire to reopen the hearing.

History Note:        Authority G.S. 150B‑38;

Eff. February 1, 1976;

Amended Eff. January 1, 1989; April 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015;

Readopted Eff. April 1, 2026.